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Justinian I · The Digest of Justinian §46.2.30.pr

Re-pledging of Property and Consent of Prior Debtor After Novation

Passage 7651 of 9271 · Latin

Summary

Paulus' opinion that if an original obligation is completely discharged by novation, the same property cannot be pledged again by the new debtor without the consent of the original debtor.

[IDEM libro quinto responsorum. ] §46.2.30.prPaulus respondit, si creditor a Sempronio nouandi animo stipulatus esset ita, ut a prima obligatione in uniuersum discederetur, rursum easdem res a posteriore debitore sine consensu prioris obligari non posse.
[THE SAME, Opinions, Book 5.] Paulus replied that if a creditor, with the intention of novation, had entered into a stipulation with Sempronius in such a way that there was a complete departure from the first obligation, the same things could not be pledged again by the subsequent debtor without the consent of the prior one.

Notes

  1. 46.2.30.prstipulatus esset — Subjunctive pluperfect of the deponent verb `stipulor`. This verb has an active meaning where the creditor asks the debtor to promise, thereby securing a stipulation.
  2. 46.2.30.prdiscederetur — Third-person singular passive of the intransitive verb `discedo`, used impersonally. It literally means 'it is departed from,' referring here to the complete discharge of or release from the first obligation.
  3. 46.2.30.preasdem res — Accusative plural of the feminine noun `res`, serving as the subject of `obligari` in the accusative-with-infinitive construction. It refers to 'the same things' or properties that were pledged for the original debt.

Cite this passage

Justinian I, The Digest of Justinian §46.2.30.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.2.30.pr

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